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H2O HOUSEBOAT VACATIONS INC. v. HERNANDEZ

No. 95-55904.

103 F.3d 914 (1996)

H2O HOUSEBOAT VACATIONS INC., Plaintiff-Appellant, v. Roberta HERNANDEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1996.

Attorney(s) appearing for the Case

Matthew W. Monroe, Law Offices of Ralph M. Singer, Hermosa Beach, CA, and Paul Felser, Portman & Felser, Savannah, GA, for plaintiff-appellant.

Christopher J. Morey, Morey & Upton, Costa-Mesa, CA, and Kent S. Berk, Law Office of Kent S. Berk, Phoenix, AZ, for defendant-appellee.

Before: BROWNING, THOMPSON and THOMAS, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Appellee Roberta Hernandez and her family (the Hernandez family) were injured by carbon monoxide fumes in a houseboat they rented from the appellant H2O Houseboat Vacations (H2O) at Lake Havasu in Arizona. Asserting admiralty jurisdiction, H2O filed an action in the Central District of California seeking to limit its liability under the Limitation of Vessel Owner's Liability Act, 46 U.S.C.A. App. § 181 et seq.

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